8/19/2019 Exec Session
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3/9/2016 Title 65 - PA General Assembly
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§ 708. Executive sessions.
(a) Purpose.--An agency may hold an executive session for
one or more of the following reasons:
(1) To discuss any matter involving the employment,
appointment, termination of employment, terms and conditions
of employment, evaluation of performance, promotion or
disciplining of any specific prospective public officer or
employee or current public officer or employee employed or
appointed by the agency, or former public officer or
employee, provided, however, that the individual employees
orappointees whose rights could be adversely affected may
request, in writing, that the matter or matters be discussed
at an open meeting. The agency's decision to discuss such
matters in executive session shall not serve to
adversely
affect the due process rights granted by law, including
those
granted by Title 2 (relating to administrative law and
procedure). The provisions of this paragraph shall not apply
to any meeting involving the appointment or selection of any
person to fill a vacancy in any elected office.
(2) To hold information, strategy and negotiation
sessions related to the negotiation or arbitration of a
collective bargaining agreement or, in the absence of a
collective bargaining unit, related to labor relations
andarbitration.
(3) To consider the purchase or lease of real property
up to the time an option to purchase or lease the real
property is obtained or up to the time an agreement to
purchase or lease such property is obtained if the agreement
is obtained directly without an option.
(4) To consult with its attorney or other professional
advisor regarding information or strategy in connection with
litigation or with issues on which identifiable complaints
are expected to be filed.
(5) To review and discuss agency business which, if
conducted in public, would violate a lawful privilege or
lead
to the disclosure of information or confidentiality protectedby
law, including matters related to the initiation and
conduct of investigations of possible or certain violations
of the law and quasi-judicial deliberations.
(6) For duly constituted committees of a board or
council of trustees of a State-owned, State-aided or State-
related college or university or community college or of the
Board of Governors of the State System of Higher Education
to
discuss matters of academic admission or standings.
(b) Procedure.--The executive session may be held during an
open meeting or at the conclusion of an open meeting or may
be
announced for a future time. The reason for holding the
executive session must be announced at the open meeting
occurring immediately prior or subsequent to the executive
session. If the executive session is not announced for a
future
specific time, members of the agency shall be notified 24
hours
in advance of the time of the convening of the meeting
specifying the date, time, location and purpose of the
executive
session.
(c) Limitation.--Official action on discussions held
pursuant to subsection (a) shall be taken at an open
meeting.
Nothing in this section or section 707 (relating to
exceptions
to open meetings) shall be construed to require that any
meeting
be closed to the public, nor shall any executive session be
used
as a subterfuge to defeat the purposes of section 704
(relating
